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Old 10-01-2008, 10:04 PM
kcas13
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Question termination due to misinformation during investigation

I worked for my employer for 7 months. In our facility, we assist developmentally disabled individuals with their daily living needs.
On Sept. 9, 2008 an incident happened where I had to handle a resident's behavior(this resident thew her can of pop on the floor, I don't really know why, but I didn't want the situation to escalate). I handled it to the best of my ability. No force or aggression was used. Another employee walked into the room right as we were taking care of the situation, and I don't think she saw the whole incident, but she reported the situation and said I "grabbed the resident and talked to her abruptly." Which is not the case. I removed the resident from a situation that could have easily escalated and was trying to protect the well being of that resident and the other residents and staff present. (This resident tends to flip tables over and throw dishes & I didn't want it to get to that point) I escorted her away from the situation without using force or anger, and was definitely not intentionally harming her; I didn't even harm her at all. I truely care about the residents at this facility and am deeply hurt over these accusations; not to mention abuse could be officially reported on my record and ruin any chances at future jobs in this field. I also have another staff member's testimonial that backs up mine; she was also terminated because of this situation. I was terminated due to "intentionally harming a resident," which was due to one staff member's testimonial, that was not correct. There were no marks or bruises on the resident, no proof of any kind we did anything to intentionally harm her; just one staff member's accusations.
I had the opportunity to appeal the situation to the regional director and she stood by the first decision to terminate me. I have another chance to appeal it to a person that is higher up on the chain, but I want to know if I have a case if I'd take this to court or what options I might have to get justice and make the truth be known.
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Old 10-02-2008, 05:28 PM
moderator moderator is offline
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Have you browsed through the information in LawInfo's Free Legal Resource Center to learn more about your issue yet? See: http://www.lawinfo.com/consumer.html. You can certainly try to speak to a lawyer to determine what legal options may be available. In the meantime, you may be able to learn more on your own. Search the "Free Legal Resources" tab, or browse the Consumer Resources. Good luck.
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Old 04-12-2010, 06:59 AM
colleeno colleeno is offline
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I would try the second appeal within your company. If that does not work, consult an attorney. Most consultations are usually free and you can discuss what options are open to you. If you decide to take legal action and file a wrongful termination suit, be prepared for it to take some time. If you find yourself beginning to struggle financially, you may want to look into lawsuit funding. Companies like Orchard Legal Funding can help.
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Old 06-10-2010, 12:45 PM
ZZXXYYT ZZXXYYT is offline
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Default Disabled residents

In those facilities, don't they have security cameras? In today times, supervisors have a higher standard to uphold because of their realm of authority. They have a right to protect you, as well as, the patrons/patients.

Do what is right for you. Go the route that will best ease your mind in trying to resolve the issue. The rest is up to the administration. If they cannot do right by you, at least you tried. And seek our legal assistance. I sympathize with you; having been there myself.
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